A good way to study - Crime (1 Viewer)

[goan_crazy]

what are the rights of a child if he or she is found to be accused of a crime? give relevant statutes or other necesary sources to answer the question. (i realise this overlaps with crime and society).

well done wrong turn
the child has rights to legal aid for free this is automatic
childrens court-closed court
right to a fair trial
childrens court act 1987 (cth)
conventions on the rights of the child-UNCROC 1990

what does UNCROC 1990 entitle children to?

 

[wrong_turn]

i cannot remember exactly, but i think it is for their right to what happens to the in custody of child cases. it is also the rights that are entitled to as an adult. the right to be free from discrimination. this most likely was brought about by the sweat shops. umm theres more i think.

if a criminal escapes from nsw to NT, can the person be charged in the northern territory? why or why not, and give reasons for your answer.

 

[goan_crazy]

if a criminal escapes from nsw to NT, can the person be charged in the northern territory? why or why not, and give reasons for your answer.

Im not too sure, ill take a stab, yes because of extradition
can u plz answer it 4 us wrong turn?

 

[wrong_turn]

a person cannot be charged in the northern territory for the following reasons:
-northern territory has mandatory sentencing
-it is a different state system to nsw.
-the crime was committed in nsw, therefore it is biddance with nsw, and not the northern territory.

Scenario Question:
If Amanda does her hsc in nsw and completes her law degree in unsw, she decides to move to brisbane, to start a new life. she still then realises that she has a law degree, and begins to set up a firm. she then begins to practice her law, and is picked up by the police.

what is wrong? give reasons for your answer.

i love making questions up. torture it is

 

[melsc]

she does not have a valid licence to pratice the law in that state, as each state has diff requirements...she is therefore not a "solicitor" in that state, she needs to meet the requirements b4 she sets up a practice. For example in nsw u need a legal practioners cert.
is that ok antipants

explain the theory of differencial assocation?

 

[manifestation]

1. Criminal behavior is learned.
2. Criminal behavior is learned in interaction with others persons in a process of communication.
3. The principal part of the learning of criminal behavior occurs within intimate personal groups.
4. When criminal behavior is learned, the learning includes techniques of committing the crime, which are sometimes very complicated, sometimes simple and the specific direction of motives, drives, rationalizations, and attitudes.
5. The specific direction of motives and drives is learned from definitions of the legal codes as favorable or unfavorable.
6. A person becomes delinquent because of an excess of definitions favorable to violation of law over definitions unfavorable to violation of the law.
7. Differential associations may vary in frequency, duration, priority, and intensity.
8. The process of learning criminal behavior by association with criminal and anticriminal patterns involves all of the mechanisms that are involved in any other learning.
9. While criminal behavior is an expression of general needs and values, it is not explained by those general needs and values, since non criminal behavior is an expression of the same needs and values.
According to Differential Association, criminal behavior is learned based on the interactions we have with others and the values that we receive during that interaction. We learn values from family, friends, coworkers, etc., Those values either support or oppose criminal behavior.

 

[manifestation]

sorry people i've ran out of ideas for questions.....someone please post the next one thanx

 

[goan_crazy]

Excellent answer manifestation!
ok next question:
What is the international criminal court and what does it do?

 

[Jonathan A]

Excellent answer manifestation!
ok next question:
What is the international criminal court and what does it do?

My short answer is: Absolutely Nothing!

 

[melsc]

my thoughts exactly jono...but could someone give a text book answer...i cant remember.

 

[manifestation]

Excellent answer manifestation!
ok next question:
What is the international criminal court and what does it do?

thanx joe_m_2000

The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court.

The International Criminal Court (ICC) is the first ever permanent, treaty based, international criminal court established to promote the rule of law and ensure that the gravest international crimes do not go unpunished.

The Court shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of the Rome Statute.

The Rome Statute of the International Criminal Court was established by on 17 July 1998, when 120 States participating in the "United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court" adopted the Statute. The Statute entered into force on 1 July 2002. Anyone who commits any of the crimes under the Statute after this date will be liable for prosecution by the Court.

copied straight from the website.........i read to make sure it made sense lol.

Next Question:

What is the ICJ? And how is it different from the ICC?

 

[goan_crazy]

thanx joe_m_2000

The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court.

The International Criminal Court (ICC) is the first ever permanent, treaty based, international criminal court established to promote the rule of law and ensure that the gravest international crimes do not go unpunished.

The Court shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of the Rome Statute.

The Rome Statute of the International Criminal Court was established by on 17 July 1998, when 120 States participating in the "United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court" adopted the Statute. The Statute entered into force on 1 July 2002. Anyone who commits any of the crimes under the Statute after this date will be liable for prosecution by the Court.

copied straight from the website.........i read to make sure it made sense lol.

Next Question:

What is the ICJ? And how is it different from the ICC?

The international court of justice ICJ- The international criminal court deals with war crimes etc. More focused on individuals who comit war crimes. The ICJ is not as enforcable as the international court of justice
manifestation is that rite? ive got somethin bout this in my notes but im at skool now...
correct me if im wrong

 

[manifestation]

The international court of justice ICJ- The international criminal court deals with war crimes etc. More focused on individuals who comit war crimes. The ICJ is not as enforcable as the international court of justice
manifestation is that rite? ive got somethin bout this in my notes but im at skool now...
correct me if im wrong

I dont know the answer thats why i asked lol But that sounds about right...and you're at skool! I start tomorrow.......... ! Anyway next question:

i cant think of one......

 

[goan_crazy]

next question:multiple choice!
Criminal law must be proven:
a)beyond doubt
b) beyond all reasonable doubt
c) on the balance of probabilities
c) beyond reasonable doubt

 

[m_isk]

b
10 chghghg

 

[manifestation]

In a criminal case who has the burden of proof? And what does that mean?

 

[goan_crazy]

In a criminal case who has the burden of proof? And what does that mean?

the prosecution
burden of proof is who has to prove the person innocent or guilty
or is that standard
argh i always get these mixed up

 

[manifestation]

the prosecution
burden of proof is who has to prove the person innocent or guilty
or is that standard
argh i always get these mixed up

No ur right, burden of proof is who has to prove the case.......like who is the person who brought the case to court. So the prosecution brings the defendant into court and they have the burden of proof, in other words they have to prove the case beyond resonable doubt.

 

[goan_crazy]

No ur right, burden of proof is who has to prove the case.......like who is the person who brought the case to court. So the prosecution brings the defendant into court and they have the burden of proof, in other words they have to prove the case beyond resonable doubt.

yes so m_isk got my q wrong
anyways what is the standard of proof in a criminal case?

 

[Jonathan A]

yes so m_isk got my q wrong
anyways what is the standard of proof in a criminal case?

Under the Evidence Act 1995 (Cth) s 141, the standard of proof is beyond reasonable doubt - this is for the prosecution.

However, in the standard of proof for the defence case is on the balance of probabilities.